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BM 2010-01-21 PZThe Planning and Zoning Commission of the City of Coppell met in pre- session at 6:00 p.m., and in regular session at 6:30 p.m., on Thursday, January 21, 2010, in the Council Chambers of Coppell Town Center, 255 Parkway Boulevard, Coppell, Texas. The following Commissioners were present: MINUTES OF JANUARY 21, 2010 PLANNING AND ZONING COMMISSION GREGORY FRNKA, CHAIR CHARLES SANGERHAUSEN EDMUND HAAS, VICE CHAIR CONSUELO TANKERSLEY ANNA KITTRELL DEREK JETT Also present was Planning Director, Gary Sieb; Assistant Planning Director, Marcie Diamond; City Planner, Matt Steer; Civil Engineer, George Marshall; Graduate Engineer, Michael Garza; Deputy Chief /Prevention, Tim Oates; Chief Building Official, Michael Arellano and Planning Secretary, Juanita Miles. Commissioner Duncan was absent. PRE SESSION: (Open to Public) 1. Briefing on the Agenda. Staff briefed the Commission on the cases. REGULAR SESSION: (Open to Public) 2. Call to Order. Chairman Frnka called the meeting to order. 3. Consider approval of the minutes for December 17, 2009. Vice Chairman Haas made a motion to approve the minutes for December 17, 2009, as written. Commissioner Sangerhausen seconded; motion carried (6 -0) with Commissioners Frnka, Haas, Jett, Kittrell, Sangerhausen, and Tankersley voting in favor. None opposed. 4. PUBLIC HEARING: Consider approval of Case No. S- 1250 -PD- 228 -HC, Subway, zoning change request from PD- 228 -HC (Planned Development- 228 Highway Commercial) to S- 1250 -PD- 228 -HC (Special Use Permit 1250 Planned Development- 228 Highway Commercial), to allow a 1,805- square -foot restaurant with drive -thru, to be located at 760 N. Denton Tap Road, Suite #100, at the request of Tom Chapman, Subway. STAFF REP.: Matt Steer P&ZAGENDA 01212010 Page 1 of 6 Presentation: City Planner, Matt Steer introduced this case to the Commission showing exhibits and elevations. Mr. Steer mentioned that two notices were mailed to property owners within 200 feet of this request, adding that no responses returned in favor or opposition. He stated that staff is recommending approval subject to conditions, which he read into the record. Ronn Graham, TDC Enterprises, 1721 E. Belt Line Road, #816, Coppell, Texas, was present to represent this case before the Commission and to address any questions, stating agreement with staff's recommendation. Public Hearing: Chairman Frnka opened the Public Hearing, asking for people who wanted to speak in either favor or opposition or wanted to comment on this request to come forward. No one spoke. Chairman Frnka closed the public hearing. Action: Commissioner Sangerhausen made a motion to approve Case No. S- 1250 -PD- 228-HC, Subway, zoning change request from PD- 228 -HC (Planned Development- 228 Highway Commercial) to S- 1250 -PD- 228 -HC (Special Use Permit 1250 Planned Development- 228 Highway Commercial) subject to conditions as stated: 1. The development shall be in accordance with the Floor Plan, Site Plan, Elevations, Sign Plan, Menu Board Plan, and Vehicular Control Plan. 2. The hours of operation shall not exceed 6:30 a.m. to 10 p.m., seven days a week. 3. Revise parking configuration east of the building from perpendicular to 60° angled parking. Commissioner Jett seconded; motion carried (6 -0) with Commissioners Frnka, Haas, Jett, Kittrell, Sangerhausen, and Tankersley voting in favor. None opposed. 5. PUBLIC HEARING: Consider approval of Case No. S- 1033R3- SF -12, Manara Academy, zoning change request from S- 1033R2 -SF -12 (Special Use Permit -1033 Revision 2- Single Family -12) to S- 1033R3 -SF -12 (Special Use Permit -1033 Revision 3- Single Family -12), to allow a Charter School for Grades K -8, with a enrollment capacity of 500, to continue to occupy this building through the 2014 school year, on 4.85 acres of property located at 140 S. Heartz Road. The church shall also be permitted to remain as a secondary use on this property at the request of Sadak Shaik, Manara Academy. STAFF REP.: Marcie Diamond P &ZAGENDA 01212010 Page 2 of 6 Presentation: Assistant Director of Planning, Marcie Diamond introduced this case to the Commission showing exhibits and elevations. Ms. Diamond mentioned that 53 notices were mailed to property owners within 200 feet of this request, adding that 12 written in opposition were returned and one returned opposed outside the 200 foot area. She stated staff is recommending approval subject to conditions, which she read into the record. Sadak Shaik and Amaris Obreoon, Principal, Manara Academy, 140 S. Heartz Road, Coppell, Texas, were present to represent this case before the Commission and to address any questions, stating agreement with staff's recommendation. Public Hearing: Chairman Frnka opened the Public Hearing, asking for people who wanted to speak in either favor or opposition or wanted to comment on this request to come forward. The following people spoke: In Favor Safwat Ismail, 208 Heather Glen Drive, Coppell, Texas, spoke in favor. Louay Alkbrahib, 2905 Trailwood Lane, Flower Mound, Texas, spoke in favor. Dr. Tajani Issioui, 427 Parkwood Lane, Coppell, Texas, spoke in favor. In Opposition Andy Hebert, 142 London Way, Coppell, Texas, spoke against with concerns about the unsightly dumpster. Wes Mays, 114 London Way, Coppell, Texas, spoke against with the same concerns. Chairman Frnka dosed the public hearing. After some discussion, Chairman Frnka reopened the public hearing to address concerns about the dumpster; the following person spoke: Larry Best, Christ Our Savior Lutheran Church, 140 S. Hertz Road, Coppell, Texas, stated that the Church is willing to work with the homeowners and resolve this issue. Chairman Frnka closed the public hearing. Action: The Commission suggested that a good faith effort be made to resolve the issues with the dumpster by all parties involved and Vice Chairman Haas made a motion to approve Case No. S- 1033R3- SF -12, Manara Academy, zoning change request from S- 1033R2 -SF -12 (Special Use Permit -1033 Revision 2- Single Family -12) to S- 1033R3 -SF -12 (Special Use Permit -1033 Revision 3- Single Family -12) with the following recommended conditions by staff that will be made a part of the ordinance: P &ZAGENDA 01212010 Page 3 of 6 1. This charter school shall be licensed and maintained in accordance with state law and may provide instruction for Kindergarten through Eighth (8 grade. 2. The student enrollment capacity under this Special Use Permit shall not exceed five hundred (500) students. 3. Religious services and related activities shall be permitted to remain as an ancillary use. 4. On -site circulation shall be maintained and operated as depicted in Exhibit "F 2010 -2014 Traffic Management Plan, which prohibits queuing on Heartz Road. 5. This Special Use Permit shall expire on June 30, 2014. 6. A ten foot (10') no occupancy (no play zone) area from the south and eastern property lines shall be maintained, as illustrated on Exhibit "G attached to and made part of this ordinance. 7. This no occupancy zone has been established with cones or other appropriate physical barrier. Staff of the occupant will continue to instruct students, staff and parents concerning compliance in accordance with this condition. 8. School events or other extracurricular activities that occur during evening hours (after 5:00 p.m.), will be conducted on separate evenings to prohibit off -site parking on any adjacent or other streets and to minimize or eliminate the need for off -site parking. Commissioner Kittrell seconded; motion carried (6 -0) with Commissioners Frnka, Haas, Jett, Kittrell, Sangerhausen, and Tankersley voting in favor. None opposed. 6. CONTINUED PUBLIC HEARING: Consider approval of text amendments to the Code of Ordinances Chapter 12- Zoning, to add Section 12 -32B., "Small Wind Energy Systems to establish regulations for small scale wind turbines within the City of Coppell and to amend Section 12 -30 to permit this use by Special Use Permit. STAFF REP.: Matt Steer Presentation: City Planner, Matt Steer introduced this case to the Commission showing exhibits. He stated staff is recommending approval with suggested revisions by the Commission which he read into record. Public Hearing: Chairman Frnka continued the public hearing from the January 10, 2010 meeting, asking for people who wanted to speak in either favor or opposition or wanted to comment on this request to come forward. No one spoke. Chairman Frnka closed the public hearing. P &ZAGENDA 01212010 Page 4 of 6 T r Action: Vice Chairman Haas made a motion to approve text amendments to the Code of Ordinances Chapter 12- Zoning, to add Section 12 -32B., "Small Wind Energy Systems and to amend Section 12 -30 as presented. Commissioner Jett seconded; motion carried (6 -0) with Commissioners Frnka, Haas, Jett, Kittrell, Sangerhausen, and Tankersley voting in favor. None opposed. 7A. Update on Council action for Planning agenda items on January 12, 2010: 1. Case No. PD- 245 -R, Barnes at Riverview, a zoning change from R (Retail) to PD- 245 R(Planned Development- 245 Retail) to attach a Detail Site Plan allowing two office/ medical office /retail buildings (totaling 9,175 square feet) with a 300 square -foot restaurant located at the southeast corner of Sandy Lake Road and Riverview Drive. 2. Barnes at Riverview Addition, Lot 1, Block A, Minor Plat, a minor plat to establish setbacks, fire lanes and mutual access and utility easements to allow the construction of two office/ medical office /retail buildings, with a 300 square -foot restaurant located at the southeast corner of Sandy Lake Road and Riverview Drive. 3. Park West Commerce Center, Lot 1, Block 3R, Replat, a replat of Blocks 3 and 4, of the Park West Commerce Addition into one lot to allow the abandonment of various street rights -of -way, utility and railroad easements and provide for the dedication of necessary easements onsite and rights -of -way for Southwestern Boulevard and Freeport Parkway. 4. An Ordinance for Case No. PD- 236R- SF -12, Bethel Road Manor, a zoning change request from PD- 236 -SF -12 (Planned Development 236- Single Family -12) to PD- 236R -SF -12 (Planned Development -236 Revised Single Family -12) amending the Detail Site Plan to allow a cabana (containing a 90- square -foot air conditioned bathroom and outdoor living and kitchen areas), an arbor structure, an in- ground pool in the rear yard of the property; relocating a decorative screening wall with gates along the front property line, adding a guard rail to the culvert and construction of stone veneer facing the headwall and culverts on property located at 234 W. Bethel Road. 5. An Ordinance for Case No. PD- 244 -TH -2, Willow Park, a zoning change from C (Commercial) to PD- 244 -TH -2 (Planned Development 244- Townhouse -2) to allow 24 detached townhouse units and to amend the Land Use Plan of the 1996 Comprehensive Plan from Freeway Commercial and Light Industrial /Showroom to Residential Medium Density on 3.81 acres of property located approximately 337 feet east of S.H. 121 along the north side of Coppell Road. During the Pre Session, Planning Director, Gary Sieb advised the Commission of Council's actions on January 12, 2010, and stated that Council approved all of the above mentioned items. P &ZAGENDA 01212010 Page 5of6 7B. Director's Comments. Planning Director Gary Sieb updated the Commission on the two previous Comprehensive Plan Steering meetings. ADJOURNMENT With nothing further discuss, the meeting adjourned at approximately 8:33 p.m. rego» ka, Chairman 6M1UYL.W /4(1e anita A. Miles, Secretary P&ZAGENDA 01212010 Page 6 of 6